Vijayan vs State Of Kerala

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicant is the 1st accused in Crime No.279/2020 of Vazhikadavu Police Station for having allegedly committed the offences punishable under Sections 3 read with Section 25(1-B)(a) and 7 read with Section 25(1-A) of the Arms Act.

The prosecution case, in brief, is that on 20.05.2020 the Deputy Forest Range Officer saw three persons in the reserve forest under suspicious circumstances and on seeing the officials, two persons fled away and the applicant was apprehended. He was in possession of a country-made gun. The gun was seized and O.R.No.7/2020 of Silent Valley Forest Station was registered and he was proceeded against. He was produced before the jurisdictional court, which remanded him to judicial custody. Later on, he was released on regular bail. On the basis of the intimation given to the police, Crime No.279/2020 was registered for an offence punishable under the Arms Act and the applicant apprehends that he may be arrested again for the same offence, and therefore, he seeks anticipatory bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

Since the applicant was already arrested in the forest case and remanded to judicial custody and the unlicensed gun seized by the forest officials and which would in ordinary circumstances be handed over to the police also for investigation in the crime registered under the Arms Act, I find that custodial interrogation of the applicant is no longer required. He is willing to cooperate with the investigation and there is no possibility of his absconding.

In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

and

(iii) During the bail period, he shall not get involved in any similar offences.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.